The government is raising penalties for all offenses set out in Chapter XI of the Code of Offenses (against safety and order in communication). Thus, penalties can be the same for both minor and serious offenses. In some situations, a more serious breach may be punished with a milder punishment than the less serious one, informs Dziennik Gazeta Prawna.
The draft amendment to the Road Traffic Law was submitted to the Sejm. It assumes a radical tightening of penalties, increasing tickets and fines for perpetrators of road crimes and offenses. The planned date of entry into force of the new regulations is December 1, 2021. The point tariff is also to be changed – for violating traffic regulations, the driver will be able to get up to 15 penalty points – currently the maximum is 10.
Changes in traffic regulations – penalties
“A tragic accident near Stalowa Wola provoked the government to declare war on road pirates. So a course was set to tighten sanctions, mainly financial ones, “reads DGP.
According to the newspaper, “the amount of speeding fines set in 1997 should be adjusted to current economic conditions.” “The highest fine of 500 zlotys (1,000 zlotys in case of violations) has long ceased to act as a deterrent. Especially for drivers with a thicker wallet. Therefore, the government has proposed to increase this amount to 5,000 zlotys” – we read.
The daily adds that 5 thousand. PLN is also the maximum fine that can now be punished by the court for an offense. “This limit is also to change, however, because the amendment to the Code of Petty Offenses provides for increasing it to PLN 30,000” – emphasizes “DGP”.
And it states that “setting an upper limit of a fine for acts whose social harmfulness is by definition low, is controversial (especially as it is not accompanied by the legislator’s simultaneous interference with the provisions on road traffic offenses)”.
“For exceeding the speed limit (Art. 92a kw) or ignoring signs or traffic lights (Art. 92 kw) the court will be able to reach for a financial penalty of up to PLN 30 thousand” – writes the newspaper.
He also explains that in the current regulations there are “many offenses in which the legislator did not provide for a separate maximum penalty”. “For example, only a fine can be imposed for driving an unlit vehicle (Art. 88 kw). In the case of not caring for a child under seven years old on a public road (art. 89 kw) – only a fine or a reprimand. This means that after the changes, the maximum penalty for these offenses may amount to as much as PLN 30,000. The same as, for example, for obstructing traffic (Art. 90 kw) or not maintaining due caution when using internal roads (art. 98 kw) “,” DGP “reports
Changes in road regulations – minor and serious offenses
“As a result, not only will the maximum penalties for minor and serious offenses be equal, but, in some cases, a more serious violation of the law will be punished more leniently than the less serious” – fears the daily.
And he explains that “for example, parking with a parking ban is classified as an offense under Art. 92 or 90 (both are to be subject to the highest fine), while parking at a pedestrian crossing or too close to an intersection is an infringement of Art. 97 of the Code.”
“Although the latter behavior is more dangerous, it will be punishable by a penalty 10 times lower. The same will be true for causing a collision and an accident” – writes the journal.
– As indicated by the procedural practice, it may happen that, for example, a person convicted of drunk driving under the provisions of the Penal Code, in the light of the presented amendment to the Code of Petty Offenses, will receive a lower financial penalty (fine, obligation to repair the damage, etc.) than perpetrator of the offense. Although common sense dictates that it should be the other way around, says Dr. Jonatan Hasiewicz, attorney-at-law and road traffic engineer, for the newspaper.
TVN24 Biznes, Dziennik Gazeta Prawna
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